Shipton v Foulkes [2001] EWCA Civ 324 (26 February 2001)

Shipton v Foulkes [2001] EWCA Civ 324 (26 February 2001)

The original sentence of 12 months' imprisonment for contempt was excessive given that this was the first proven breach of the order with knowledge of its terms, the appellant's youth, and the absence of serious injury. A sentence of six months' imprisonment is appropriate, taking into account the seriousness of the breach, the need to avoid double punishment in light of possible parallel criminal proceedings, and the principle of like justice in like cases.

Citation
[2001] EWCA Civ 324
Parties
Applicant (respondent): Tracey Shipton; Respondent (applicant/appellant): Philip Foulkes
Jurisdiction
England and Wales
Judgment Date
26 February 2001
Procedural Posture
Appeal (family Law Contempt of Court) / Court of Appeal Judgment on Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Non Molestation Orders, Committal for Contempt, Sentencing for Contempt, Parallel Criminal Proceedings, Extension of Time for Appeal
Family Law Civil Contempt Non Molestation Orders Committal for Contempt Sentencing for Contempt Parallel Criminal Proceedings Extension of Time for Appeal

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Parties

Tracey Shipton

Applicant (respondent)

Philip Foulkes

Respondent (applicant/appellant)

Procedural Posture

Appeal (family Law Contempt of Court) / Court of Appeal Judgment on Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for contempt was manifestly excessive
  2. 2 Whether extension of time for appeal should be granted
  3. 3 Appropriate sentence for breach of non-molestation order involving violence

Ratio Decidendi

The original sentence of 12 months' imprisonment for contempt was excessive given that this was the first proven breach of the order with knowledge of its terms, the appellant's youth, and the absence of serious injury. A sentence of six months' imprisonment is appropriate, taking into account the seriousness of the breach, the need to avoid double punishment in light of possible parallel criminal proceedings, and the principle of like justice in like cases.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Extension of time for appealing granted
  • Sentence reduced from 12 months to six months' imprisonment